Opinion

Reynolds v. Commissioner

  • 2 B.T.A. 524
  • 1925 BTA LEXIS 2374
Court
United States Board of Tax Appeals
Filed
Sep 8, 1925
Status
Published
On the bench
Phillips, Grattpner, Arundell, Trammell
Cited by
0 cases
Authority
More cited than 13.5%

The opinion

APPEAL OF J. M. REYNOLDS.

Reynolds v. Commissioner

Docket No. 1169.

United States Board of Tax Appeals

2 B.T.A. 524 ; 1925 BTA LEXIS 2374 ;

September 8, 1925 , Decided Submitted July 7, 1925 .

*2374 J. M. Reynolds, pro se.

John D. Foley, Esq., for the Commissioner.

*524 Before GRAUPNER, TRAMMELL, and PHILLIPS.

This is an appeal from the determination of a deficiency of $160.18 in income tax for the calendar year 1919. The question involved is whether the taxpayer is entitled to a deduction for the year 1919 of a claimed loss of $5,000 on worthless stock.

FINDINGS OF FACT.

1. The taxpayer is an individual residing at Los Angeles, Calif.

2. In March, 1919, the taxpayer sold to L. H. Patton 30 shares of the capital stock of the Bankers Cattle Loan Co. for $5,000. He had acquired the stock at $100 per share, a total of $3,000, when the company was organized about 1917. The company had a capital stock of $25,000 divided into 250 shares of a par value of $100 per share. At the time of the sale of stock by the taxpayer the company had outstanding a loan of about $125,000 upon which the directors considered that there would be a heavy loss. In view of this situation the taxpayer guaranteed the purchaser of his stock against loss on this particular loan up to the amount of $5,000, the sale price of the stock.

3. At the close of the year *2375 1919 the directors of the company charged off as a loss $25,000 of the amount of the outstanding loan. In the early part of 1920 the taxpayer was required to make good his guaranty against loss on the stock which he had sold, and paid the sum of $5,000 to the then owner of the stock, who had acquired it from Patton. The loss was claimed by the taxpayer upon his 1919 return.

DECISION.

The determination of the Commissioner is approved.

ARUNDELL not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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